Marshall v. Stephens

OPINION

ARNOLD, Circuit Judge,

Sitting by Designation.

This is a Fair Labor Standards Act case. The case was set for trial to the Court on January 8, 1980. When the case was called for trial, counsel agreed to submit it on the Government’s proposed pretrial stipulation of facts, which is in the record, as amended in open court, as Court’s exhibit 1, certain other exhibits and oral stipulations, and an affidavit to be furnished later. The affidavit and post-trial briefs have now been filed, and the case is ready for decision.

As counsel for both sides agreed in open court, the principal issue is…